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Employment: Stay or Walk

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em23 | 18:15 Mon 01st Mar 2010 | Law
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I was wondering if any one can help me in a matter that is to do with my sister? My sister works at the same company that I am employed at. She has problems with reading, writing and communication issues. At school she was diagnosed as being well below national standard and as having 'special needs'. It has become apparent that at work she had had little or no training. In the past few months she has been in trouble for minor till issues, such as not checking change etc. In fact ie company has become such an issue for her that she is contemplating finishing work. I have tried to argue that she has insufciently been trained and that because she has some educational problems. In fact she asked a number of times not to work on the tills but to do other jobs that will be less taxing for her. This has either been denied or ignored. She has yet again been told that she is in yet another disciplinary hearing and i am sure this well result in her termination. Does any one know if her educational needs count as a 'disability'?

Along side this my sister was 'flavor of the month' a few months ago when it seemed apprent that the manager wanted another manager sacked. My sister was told each day that she was being bullied by this manager. I feel that my sister is quite encouragable and easily led. In fact I was so annoyed with the company and it became such a big issue at home I was contemplating leaving. However once the said managers disciplinary was concluded ( I don't know the end result as my sister was never informed on the matter) and she was not sacked it seems that the manager who drew my sister towards the allegation has completley gone of my sister and now I think this why in a short space of a few months she has been in so much trouble. I genuinely believe that my sister is being forced out of her job.

Any Advice will be received warmly
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I don't know what kind of company you work at, but it sounds distinctly dodgy.

If your sister is in a discplinary process, then she has a right to have somebody to support her at any hearing. She also has the right to be told in writing of what the issue the employer has. She also has the right to put her side of the case and this may include her lack of training and educational issues, although it might be worth checking if the company was aware of these at the time they hired her.

She clearly should not go into any disciplinary meeting without a companion (see http://www.direct.gov...rocedures/DG_10028115 ) for some details on this. Does she have a trade union or employee rep who could go along with her? You might be tempted to do this yourself, but you may be too emotionally involved, so it would be good to get somebody who can be calm and collected.

It is difficult to deal with issues such as in our second paragraph unless you have some proof of this. I would be inclined to concentrate on the main issue - what the reasons are for them to start disciplinary action against your sister.
There is a possibility that your sister's 'educational problems' may come under the Disabilty Discrimination Act. If she is not in a trade union, get some advice from the CAB. She should not be treated in this way.
the compamy is trying to perform her out of the job and avoiding an unfair dismissal claim, they sound like idiots, someone needs to investigate them, I'll do it, I;'m off this week.
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Employment: Stay or Walk

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